Rahr v. Minahan
Rahr v. Minahan
Opinion of the Court
The appellant claims that the second finding under the instructions of the court does not find negligence on the part of Mrs, Minahan but simply that she failed to observe the rules of the road, which was not disputed. The question submitted to the jury was, “Did Mrs. H. A. .Minahan negligently fail to observe the rules of the road at the time of the collision?” To which the jury answered “Yes.” The instructions under this question said nothing as to negligence, but simply stated the rules of the road and left it to the jury to answer the question under such instructions as to whether she failed to observe the rules of the road.
We find it unnecessary to determine whether or not the jury found Mrs. Minahan negligent in answering this question “Yes,” because we hold that as a matter of law she was negligent. We will assume there was no negligence in driving so far to the left in passing the sand wagons as to' bring the left wheels of her car on to the gravel shoulder of the road. But after so doing she had two easy methods •of getting back on to the concrete, because the drop from the concrete to the gravel averaged but a few inches and at no place was it over five inches. The gravel shoulder was wide and safe. She could have turned her car to the left and then sharply to the right and the wheels would have mounted the slight elevation of the concrete, or she could have driven her car back on to the concrete on the driveway she crossed about fifty feet beyond where she first began to
By the Court. — Judgment affirmed.
Reference
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